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Social Security’s Definition of Disability

This month marks the 29th anniversary of the Americans with Disabilities Act, which was signed into law by President George H.W. Bush on July 26, 1990. Disability affects millions of Americans. It can inhibit peoples’ quality of life and their ability to earn a living. Social Security is here to help you and your family, but there are strict criteria for meeting the definition of disability. The definition of disability under Social Security is also different than it is for other programs. We do not pay benefits for partial or short-term disability.

Social Security has a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.

Social Security is also required by law to review the current medical condition of people receiving disability benefits to make sure they continue to have a qualifying disability. Generally, if someone’s health hasn’t improved, or if their disability still keeps them from working, they will continue to receive benefits.

112 thoughts on “Social Security’s Definition of Disability”

I believe especially after people I have been on it for 10 years and their condition actually gets worse you’re on it for psychiatric reasons along with medical reasons are secret weather inquiries every 7 years skip. I mean making check I guess to see if you’re still going to your doctor which is something that I always do I have to do for the rest of my life and I’ve been doing it since I was 15 and I’m 42 years old now but I don’t agree with Social Security where taking their money when they clearly may have messed up and perhaps overpaid you well that’s not your fault and especially after you call them and say hey is this my money can I spend it and they say yes it’s yours to spend wow then they got you until the payment is paid off because you can fight grieve it and do whatever you want Social Security always wins.

I totally agree with you. I understand and yes his grammar leaves little too be desired. But I just got finished fighting an overpayment that they said I was responsible for yet at the time of said overpayment SS deemed me unable to care for myself and unable to make any decisions. So I had a rep payee. When I filed again after 11 years I as homeless and living in my car. I filed a waiver eventually got the decision on the waiver and it was denied because it was not affecting my ability to pay rent or utilities. Hmmmm I’m homeless can’t work and all I receive is SSI. And I still live in my car because they don’t have anything I can afford to rent.

Thanks for this information! Since 1990, my family and I sent President George H. W. Bush letters every July thanking him for signing the ADA. Our daughter was born with a cardiac disability and the Bushes always replied to our letters. They were very kind and generous people. God Bless George H.W. and Barbara Bush!

I have not been able to find the answer to this question: Once the Social Security Disability benefits turn into just “normal Social Security” am I still considered disabled under the Federal definition of disabled? I received benefits for my issues with Bi-Polar and later depression. Once I turned 67 my SSI kicked in. I’m 72 now.

The short answer is “no”. The way the system has been—& still is, as of date (2019) — one when a “SSDI and/or “SSI beneficiary” [Note: I use “&/or”; since: “concurrent beneficiaries are rare but do exist!” —but do not “double dip” ; since their “SSI” portion is significantly reduced by their SSDI amount. Also, in some cases, one’s SSDI benefits are quite low—for many reasons of which I don’t have text space to discuss) — And the combination of their “deemed” [i.e. “countable ” income and assets [as determined, or “deemed”] by SSA federal regulations) are low enough to qualify for SSI benefits on a “needs-based” basis as well, may get a greater amount of SSI benefits (to “supplement” their income (hence, SSI = “Supplemental Security Income). When one reaches “retirement age” ; or “old age”; one’s adult SSDI/SSI turned into “retirement benefits” and one can no longer be considered/determined “disabled under [the SSA’s] rules”.
When is full retirement/old age?
Here is the link to “calculate” ; based on what year you were born:
<> .

Social Security is a real challenge. Keeping their employees informed is challenge # 1. Then from December, 2012-December, 2018 there was-NO CASE MANAGER-ASSIGNED TO MY FILE. DESPITE THE FACT THAT I HAD NOT RECEIVED SSI SINCE JANUARY, 2014 IN DECEMBER, 2018 I RECEIVED A LETTER AT MY PRIOR ADDESS UNDER MY MAIDEN NAME THAT I WAS REQUIRED TO REAPPLY FOR FOOD STAMPS. INTERESTING ORDER CONSIDERING I HAD NOT RECEIVED THEM SINCE FEBRUARY, 2014. ONCE AGAIN-POOR COMMUNICATION WHERE A GREAT DEAL OF THR RESPONSIBILITY BELONGS TO ” MANAGEMENT ” .

I was turned down twice so we went two years with no income and then when I finally got it they gave me one months back pay I had to sell everything I owned to feed my family and I mean everything how is that fair.

Fellow citizens like yourself often do not give credit where it is due because of a lack of understanding of the law and government. The folks you elect to Congress make the law and set the guidelines. SSA’s job is to find adequate evidence. It is certainly not a program that pays you because you can no longer do your most recent job. In fact, the law (written by the people you send to Congress) clearly states you have to not be able to do any job that you can be found to perform that exists in significant numbers in the national economy. In other words, Congress expects you to move around a job and does not guarantee a standard of living. By that definition, no doubt you had a condition or group of conditions that were not quite at the point of meeting that standard. When you were awarded the third time with only one month of retroactivity, it meant that you only recently met the standard set down by the folks you send to Congress. In addition, many cases are turned down by inadequate evidence from those that treat you. You must be found disabled by clear and convincing evidence.

I totally agree with you. I understand and yes his grammar leaves little too be desired. But I just got finished fighting an overpayment that they said I was responsible for yet at the time of said overpayment SS deemed me unable to care for myself and unable to make any decisions. So I had a rep payee. When I filed again after 11 years I as homeless and living in my car. I filed a waiver eventually got the decision on the waiver and it was denied because it was not affecting my ability to pay rent or utilities. Hmmmm I’m homeless can’t work and all I receive is SSI. And I still live in my car because they don’t have anything I can afford to rent.

I have seizures, anxiety disorder, bipolar disorder, depression and and manic depressive disorder. I have a very hard time keeping a job. They don’t really want to keep you when you have seizures on the job and multiple doctors appointments trying to get the treatment that you need.

The Americans with Disabilities Act of 1990 protects individuals who possess, or are thought to possess, a wide range of disabilities, ranging from paraplegia to Down Syndrome to autism. However, it does not force an employer to employ a worker whose disability would create an “undue hardship” onto his business (for example, a paraplegic cannot work on a construction site, and a blind person cannot be a chauffeur).[5] Similar protections have been in place for Federal employees and customers of federal agencies and contractors since 1973 under the Rehabilitation Act.

If this was not a ‘big governmental program’, states could opt out. It has worked well, served persons well. For 7-1/2 I was completely and totally disabled, an invisible disability. Time after time I heard snide comments, “people are fakers”, or “I guess I should go apply”. I had no time for this so called ‘friend’s belittling maligned verbiage. If anyone thinks that SSDI is a windfall you are sadly mistaken. I was not denied, matter of fact, SS cancelled my review appointment as they received sufficient documentation. The benefits were not my focus, I didn’t care if I lived another day, I lived a personal hell. No one, no one, has the right to judge who should and should not receive benefits.

I continue to struggle on a daily basis just to make it. I work in an extremely high stress/demand job. I was told that I am among a small percentage that return to work.

I agree with you totally. There are those who possess (invisible disabilities). None of us can say how someone is feeling inside; only the person hurting knows how they’re feeling.

Well documented medical records, by competent Drs. should always be well respected, and if turned down, applicants are allowed to rebuff this first decision, until, or unless an SSDI judge has the final say on the applicants case. The first line SSDI case reviewers, aren’t medical professionals, and most of the cases presented to these first line employees, are turned down.

It’s a sad but very true fact, that as we age, our bodies break down, and some break down more quickly than others.

Many SDDI recipients have worked heavy labor, or repetitive motion jobs for 20+ years (many while standing on hard concrete, hour after long hour) this can cause a large number of debilitating spinal conditions, leaving those afflicted in such pain, that when surgery is required, it can often fail, and cause further debilitation.

Many of these spinal conditions can’t be seen by passers by, but can certainly be felt by the inflicted patient. It isn’t anyone else’s business if, someone is on SSDI, and anyone who lumps all recipients into the category of faking, or lazy, is being very disrespectful.

Well I have COPD and a bulging disc in my neck and have medical proof of these things and have been turned down twice. I can’t work because I have to take a lot of breaks and some days can’t do anything because of my breathing and pain in my neck I have no income and have to stay with a friend can’t get no help it’s crazy.

My adult daughter sustained a significant spinal cord injury while swimming in the ocean. As a result she has Quadraplegia and is dependent on others for all her cares.
Despite this and with the help of a voice activated computer program she was able to complete college with a double major in math and science.
Our state, Minnesota has a program which encourages people with disabilities to work. She works parttime, often from home using technology. As a result she does not take social security payments even though she remains “eligible”.

Her employer also has covered her medical bills which are in the thousands each year.

Recently she went in to the social security office to renew her paperwork which states she remains eligible. Without this eligibility she would not be able to continue receiving nursing and personal care assistants in the community.

Unfortunately she had not monitored her employee retirement plan and ended up above the limit.

She is devastated and wondering why she even has tried to work parttime.

What can she do to remain eligible? If she doesn’t she will lose her ability to live and work in the community.

Every day is a battle for her with her health, obtaining caregivers and the constant worries of needing to go into a group home or nursing home. She has managed to build a life as best she can but it all can come crumbling down.

Are there any policy changes coming up that can help with those like My daughter who only need to remain eligible?

I don’t know the answer in your case, but I would seek a disability lawyers advise. They work on commission usually and you can establish that on the phone when you call to speak to one to set an appointment up. If your daughter is working part time, the lawyer will work something out with you after the case is won. Look Disability Lawyers up in your area in the phone book or online. Good luck.

Personally, I would go to NOSSCR (www.nosscr.org) ; call the number: 1- explain your situation/ and that of your friend/relative; By the way, you want a “NOSSCR-certified attorney”. NOSSCR stands for:
“National Organization of Social Security Claimants’ Representatives.
Go to: https://nosscr.org/referral-service/ ; AND: you will find the number; and 1 or 2 hyperlinks.
Additionally, try:https://www.nolo.com/legal-encyclopedia/disability ; great links. click “find a lawyer” (toward the top); also, there are Live chat dialog boxes/who can recommend attorneys.

Hi I am on SSI I as receiving a small sum of $ from a trust. In February of this year that has disappeared. I also would like to see if I could apply for SSDI. I suffer from depression and not able to work because of it. I belief I only could apply for SSI because of what I was getting from a small trust. I no longer have access this trust. Am I able to apply for SSDI?

In order to qualify for SSDI you must have enough work credits. If you haven’t been working over the past few years, you most likely won’t have enough and will continue to qualify for SSI only.
You can go to their website to verify that info and to find out anything else you may need to know. They have a ton of information on the website.

Hi Manuel. The Social Security Law defines disability as being unable to work because of a physical or mental medical condition that is expected to last one year or more or end in death. You can read more about the disability benefits administered by the Social Security Administration here. We hope this helps.

You said that Social Security was required BY LAW to review current medical condition to ensure that someone still has a qualifying disability.
I work with people who are getting SSI payments and government benefits, and many of them (easily over half) are lying about their disabilities and receiving payments. They think this is “normal” behavior and that if they can fool the government it is something. To be proud of.
My question would be: where are the checks and balances??

If a person is receiving SSDI (social security disability insurance) you can make up to a certain amount monthly (I think it’s $800 a month total) and still receive your benefits. Remember though, there are two types of social security disability payments.

SSDI (social security disability insurance) is the disability payment one receives when they have PAID into Social Security through being employed and become disabled before retirement age. Payment amount is based on your earnings.

SSDA (social security disability assistance) is the disability payments one receives when they are born with or develop a disability and have NOT paid into Social Security through being employed or have earnings. It is a standard monthly payment across the board, which I think is $760.

Hi Barb. Thanks for your question. Social Security takes reports of fraud very seriously. If you suspect fraud, here you will find the instructions that you need to submit a fraud report. You can also try and reach a representative on the Fraud Hotline 1-800-269-0271 (TTY 1-866-501-2101) from 10 a.m. to 6 p.m. Eastern Standard Time. You can also report Social Security program fraud directly to any Social Security office. We hope this helps.

Hi Ralph. You may find our listing of impairments useful. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. Disability benefits are paid to people who are unable to work because of a medical condition that is expected to last one year or more or to end in death. If you think you are disabled, you can apply for disability benefits. You will need to complete your application for Supplemental Security Information (SSI) disability benefits at your local Social Security office. We hope this helps!

I have a ton of disabilities which have prevented me from earning the hours needed to qualify for social security disability! My husband makes too much for me to receive SSI! He is 66 & retired, I am 58 and would like to know if there is any help available for me! Thank you!

I see that questions are being answered by “Tom” & “Lori” & it looks like they are making their best efforts. But why isn’t SS answering, & providing links that the askers can follow to whatever document explains the official answers to their questions? There’s probably a government employee they can call to just say they don’t understand the language at that link & have it explained in more simple words. But anyone who thinks they’ve been mistakenly rejected needs to know that they can go see a private lawyer who specializes in SS for FREE. They can explain the situation to the lawyer, who will tell them if they have a winnable case or not, & why. It’s awful that before Obamacare, people who were too sick or injured to work couldn’t afford to see a doctor, so don’t have years of medical records to prove to SS that they’re not faking. Tell every poor disabled person you know to swallow their pride, accept any & all assistance available from local government, charities, & churches rather than getting worse by trying to work. That will only be held against them. They need to go to any free clinics in the area even if they don’t think they belong in a waiting room with addicts or mentally ill folks.
They NEED medical records so that if they get worse instead of recovering, they’ll have the records SS expects & that a lawyer hopes they have! If a lawyer takes the case & files a successful appeal, even if it takes a ridiculous amount of time, he will be paid a percentage of the money that the government pays out for the time between the original application date & the date that the appeal succeeded. The government allows every lawyer the same percentage of the back benefits money, so there’s no negotiating. A successful appeal means that SS now accepts that the client really was disabled on the application date & still is disabled, & that medical records say that say that the disability will last for at least another year. So GO SEE A LAWYER!

And your issue with ‘mentally ill’ persons is…? Mental illness and chemical addiction are as much a life threatening medical condition as cancer. Studies show that a high percentage of persons with undiagnosed mental health issues self medicate and result in addiction. Behavioral health issues are not understood until it hits close to home.

Unlike the ADA, in which disabled means able to work given appropriate accommodations, Social Security’s definition of disability means unable to work due to symptoms of a medical condition. The anniversary of ADA is not relevant, since ADA is all about making it possible for those with what used to be called handicaps access buildings, sidewalks, etc, and be given whatever help might enable them to work. ADA is the inverse of Social Security Disability.

There is so much criminal activity on the Internet regarding email and website transaction, that I can no longer determine the validity of any email or website claiming just about anything. VA and Medicare transactions have devolved into a swamp of malignant error prone transactions, (as well as others), due to either incompetency or fraud. I no longer trust such Internet transactions.

poor article!! Heading is “Social Security’s Definition of Disability”, and you basically skirt around that very issue, not providing a definition. You state SSA assumes people will have access to other resources like WC, insurance, savings, etc. THAT has nothing to do with SSA’s definition of disability. The closest you get is to state what it is NOT……partial or short-term.
How about stating some facts? It’s total disability. It’s expected to keep you unable to work for 12 months or more, or to result in death. It’s the inability to do substantial, gainful earnings.

Sir, it is v frustrating to know we can not get some partial benefit if are unable to secure 40 points to qualify for retirement benefit. I have 28 pts but came back home here in India because of family liabilities and had to work here as I could not afford to go without money to stay and survive. Pl suggest any other way how and where to put in 3 yrs work to earn 12 points. Thanks
Ashok K. Sharma, ssn 412313851

I think SS is doing a darn good job. As two seniors 75 & 76 partially disabled, is their any assistance we can get for home chores such as yard work & inside home cleaning? I hear all kinds of opinions but most seem just that opinions not fact. Would appreciate some guidance. Thanking you in advance. John & Beverly

I m in need of some advice.Im disabled,married and raising our Granddaughter.We don’t get any help with our bills and after the bills and food,we are not able to save any and if we have something break at home or one of us gets sick we fall further behind.They say at DFAC’s that I make to much to get the help I need.Im hoping maybe you can shine some light on where I might could get some help.
A company out of Atlanta did aid me in a few things,they got me a new laptop and some dentist work and took one of the guest rooms in my house and made a bathroom bigger and also disability accessable.Making the door into the bathroom large enough for a wheelchair but not the door going out of the house,so that’s one thing I need,is a door going outside big enough for a wheelchair.

At the end of the day, the SS decision belongs to the judge that hears your case and the mood he/she is in. Sadly, there are drug addicts receiving these benefits and those with real disabilities simply don’t quality. The judges are human, the people reading this are human and not perfect. The system long ago became besieged by fraud, lies and corruption. Asking for an overhaul of this system is pointless. Bottom line? We are on our own, people!!

There was obvious SS Fraud several years ago when Many Thousands of Americans received SS Disability payments soon after their Unemployment Benefits ran out!! Are all those many fraud cases still getting those benefits??

You can go vigilante and make a citizen arrest since they are committing a felony. You can follow them around in public with a camera and catch them for the SSA. Turn your evidence over to the SSA for them to make an arrest.

The SSA CDI unit is small and doesn’t have enough staff to investigate all the tips it received. You haven’t even narrowed their search to a single person.

The SSA CDI unit is doing their job investigating tips and you want to send them on a wild goose chase.

The SSA has raise the Full Retirement Age to age 67.. Isn’t it about time to raise the Vocational age rule for disability. The average age of the workforce has risen over the decades since the grid rules came out. The workforce is much older now. The age grid rules should be increase by at least 2 years..https://www.bls.gov/emp/tables/median-age-labor-force.htm

I am in a country named Chile, I don’t have medical insurance, if I go for a surgery I need probably they will charge me millions, my back is damaged and I hardly can walk, I wish I could go back. Doctors in the US are the best, it is always a solution for a handicapped.

The system is broken. I have so many complaints and I’m disheartened to even begin to talk about. I served in the military for 4 years and I was injured in a car accident. I broke my fibula and tibia in both legs and it required 8 surgeries and I was denied disability 2 times before I finally saw a judge. I was homeless for 3 years and the judge didn’t award me back pay because I was only 49 years old at the time. The system is broken and it needs to be fixed. I know many people that are waiting for disability and most of them are homeless.

I am going on 68 years old I had a slight heart attack and had to get two stents put into one artery which was totally blocked. I am currently receiving my Social Security benefits, I’ve been out of work since I had The Heart attack. My question is am I eligible to receive disability?

You can only collect from one or the other, no one gets to collect from both.
When a person is on SSDI and hit retirement age they switch them over to Social Security retirement benefits and remove them from Disability benefits.
If you’re already at retirement age, disabled or not, you will only be able to collect from Social Security.
You can go to ssa.gov and get all the information you’re looking for.

This is the most valuable part of SSA for all Americans. Should tragedy strike, it is what stands between many young people and the abyss. This insurance is expensive to purchase on the market and rarely is a benefit offered anymore. You should make Americans more aware of this underappreciated program

I have worked almost all my life even with severe hearing loss from otosclerosis. As a teen I started having ear surgeries on both ears which enabled me to work.
But now that I became older they have failed.
And now i am totally deaf in left ear from damage from surgery and have a hearing aid that helps some in right ear which will probably go also.
I am totally deaf without it and had to retire at 63 years old. After 25 years at Riddle Hospital.
I want to know why I cannotget any help for my Medicare premiums. I have been frequenting to no avail.
It is not fair. I get $1,053 from Medicare and $509.74 from my pension, and i am always having trouble paying my bills.
Why do partially blind get help and not hear i g impaired? It is a disgraceful since I worked almost my whole life startingat a young age .
Mental health clinic in billing for 7 years, and as a cook, etc. Many other places when my kids were small and we were having financial problems and husband on strike,etc.
Yours truly Elaine DeMarco and thank you for listening
o

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My hiusband had a stroke last sept 2018 and has been off work since then he’s hoping to get back to work in the next months the only money we have is our social security checks . He is 66 years old Can you help us his social security no is236-86-4453 and he is 66 years old phone number is 304″203-7124 or 304-844-0201 thank you

Robert Lee Dowdy,
I have seen your post and another that list your Social Security Number. Please, Please remove this from here. This is not a secure site to have your Social out there for anyone to view. There are plenty of scammers looking through sites such as this to take advantage of the elderly or sick. Leave your message but remove the SS# for your safety.

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Hi Martin. To protect your brother-in-law’s privacy, we do not have access to his confidential information on this forum. He should contact the local Social Security office to find out the status of his claim. We hope this helps.

Hi Frank. Thank you for your question. If you are already receiving retirement benefits and already reach your full retirement age, you may not be eligible for disability benefits. However, if you have not reach your full retirement age, then you may be eligible to apply for disability benefits. You can learn more about Social Security disability benefits here. We hope this information helps.

I received a phone call from my bank that a person tried to cash a counterfeit check. I told them to close my account.
Then I received a phone call saying my social number had been compromised. I will be checking on that today.

Hi Diana. Thank you for letting us know about these calls. We do not usually make random calls. If you or anyone receives calls saying that they are from Social Security, do not give out any personal information. Suspicious calls should be reported to the Office of the Inspector General at 1-800-269-0271 or online. You can also report these scams to the Federal Trade Commission through a new site specific to Social Security scams here. We hope this helps.

My son applied for SSD and was turned down. He is a severe diabetic that takes insulin three times a day, so he can’t get a job. I support him, but what is he going to do once I am gone? There are lazy people getting SSD and they don’t deserve it, and those that really need it are rejected. He has to stay home and can’t do much here, so a good income would turn him around, and maybe help him get better health wise. He’s 28 years old and has never held a job because he doesn’t drive, and can’t do work that is too heavy for him. He applied before he was 22 because that’s the rule, so now he has no chance unless a doctor says he’s disabled and can’t work, and social security has to agree with the doctor.

I am a 64 year old male who has worked for 34 years as a copier technician which included some physical activity like heavy lifting, bending and squatting down. Because I have back problems with a pinched nerve causing pain in my back and left leg that interferes with my job I stopped working, applied for early retirement and for disability 2 years ago. I went to my hearing a month ago and now it appears I was denied disability benefits by the ALJ. At the hearing I was asked if I took a vacation this year and I honestly answered yes. But I explained that I stopped often and stretched my back and also had my wife drive a lot. I avoided physical activities. My question is can an ALJ deny you disability benefits because you took a vacation??

My names is Lisa I wanted 2. Ask I am 56 year old I wanted 2 know how I can make a appeal on my e-x husband. I am helping her . They said she can’t add or subtract in her head what’ s that got 2 do with it. She been doing it her own for 4 years I know lot of people can’t do that in there head. Can you help her and tell her what she can do. 2 get it put in her names with out haveing someone 2 help. She don’t have email. She is useing my e mail

Good news, Lisa! You can file an appeal online by visiting our Appeal A Decision web page. You can also file an appeal by calling our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778) or contacting your local Social Security office. We hope this helps.

My daughter has been on SSDI for many years. When she got married her SSDI benefit amount was reduced. When she later got divorced and she then went to SS to see about her amount being increased back to what it was prior to her marriage, she says they told her it could not be done. Is that the truth??? I could see that if she was living with her ex, but she most definitely is not nor would she EVER. Would you kindly let me know if her SSDI amount should be increased back to at least her pre-marriage amounts since she definitely is single and definitely still is disabled?

i have a life threatening disease and a job injury which left me totally unable to work, according to the taxes we contribute from working we paid for SSD, FICA and retirement taxes why do we only get SSD when we already paid into the system 3 insurances for disbility, we should get all 3 for the totally disabled. i am in that situation SSA does not want to give all at once.. are they violating our rights to be financially secure, i have tried to get them to give me SSD and retirement but they wont , so why are they withholding our insurance that we legally need!!!!

I have a question that I was hoping someone might help with. I am 65, have been working for the same company since 2007. I recently was put on permanent restrictions by my doctor due to my COPD and the fact that my job can at times expose me to harmful chemicals and other reasons. I am looking at a possible medical layoff and was wondering if this happens does that qualify me for SSD?